TERMS & CONDITIONS

COPYRIGHT

All content on this website is protected by Spain and international copyright laws. No part of the site may be copied, reproduced, distributed, redistributed, modified or displayed without the express written permission of MARTA LANUZA- Mempathie. The designs and concepts cannot be used for any purpose without the written permission of MARTA LANUZA- Mempathie.

All designs and illustrations are property of MARTA LANUZA- Mempathie, all photographs of MARTA LANUZA- Mempathie. It is owned by MARTA LANUZA- Mempathie and all other photographs are property of the original photographer / owner. All trademarks used or mentioned on this site are the property of their respective owners.

Permission is granted to electronically copy and print on printed parts of this website for the sole purpose of investigating or contacting MARTA LANUZA- Mempathie.

CO-AUTHORIZATION OR WORK IN COLLABORATION

Regulated by article 7 of the Law (information contained in the White Book of illustration), this article establishes that << when a work is the unitary result of the collaboration of several authors, the rights over the work correspond to all of them and to disclosing and modifying this work will require the consent of all the co-authors >>. In the case of the collaboration of an illustrator, these premises will apply only to the part of their collaboration that corresponds to them; the illustrations.

If nothing has been agreed between those who are co-authors, these people may exploit their contributions separately. This means that those who have collaborated in the creation of the work can be considered authors in equal parts, distributing, if applicable, the royalties of the work also in equal parts.

It may also be the case that those who are co-authors distribute the royalties unequally, when their participation in the work has also been unequal.

The powers of law that the Law includes are:

1. Decide if your work is to be disseminated and in what way.

2. Determine if the disclosure should be made with your name, under a pseudonym or sign, or anonymously.

3. Demand the recognition of their condition of authorship of the work.

4. Demand respect for the integrity of the work and prevent any deformation, modification, alteration or attack against it that may damage its legitimate interests or impair its reputation.

5. Modify the work respecting the rights acquired by third parties and the requirements for the protection of assets of cultural interest.

6. Withdraw the work from the trade due to a change in their intellectual or moral convictions, after compensation for damages to those who are holders of exploitation rights.

7. Access the unique or rare copy of the work, when it is in the possession of another, in order to exercise the right of disclosure or any other that corresponds to them.

ACKNOWLEDGMENT OF THE AUTHORITY OF THE ILLUSTRATIONS

It is essential, as established in article 14.3 of the Law, that the author can demand the recognition of his condition of authorship of the work. For convenience, ignorance or laziness in many occasions the work is reproduced without mentioning who the author of it is.

INTELLECTUAL PROPERTY

All elements on the site, whether video or audio, including the underlying technology, are covered by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of MARTA LANUZA- Mempathie or your service providers.

Any reproduction, representation or reuse, in whole or in part, in any medium is prohibited. Failure to comply with this prohibition constitutes an infraction that may result in civil and criminal penalties. If you have a personal website and wish to place a direct link to the Site on your personal site, you must request prior written authorization from MARTA LANUZA- Mempathie and such authorization cannot be construed as an implicit membership agreement. In any case, all links must be removed at the request of MARTA LANUZA- Mempathie.

TRANSMISSION OF RIGHTS: COMMERCIAL EXPLOITATION

The immediate consequence for the author of the fact of being the owner of the exploitation rights of his work is to be able to receive an economic remuneration at the time of transferring them to a third party.

How should the transfer of rights to certain illustrations or graphic works be carried out?

Said transfers of rights can be made exclusively or not.
Doing so exclusively means that whoever receives the rights may assign them to a third person with the express consent of the author.

If the assignment is made not exclusively, the person who receives the rights will not be able to transmit them to a third party.

It should be clarified that article 48 of the Law establishes that the exclusive assignment will attribute to the assignee (who acquires the rights), within the scope of this assignment, the power to exploit the work to the exclusion of another person. In other words, the assignment will be delimited within the scope of the same. If the rights to reproduce the work on a specific medium are assigned, the author may assign the same work for another purpose together with the transmission of the rights that have not yet been the subject of any assignment.

In the event that the transferee of the exploitation rights intends to carry out with the work whose rights are transferred some type of product called merchandising or gadgets, the economic exploitation of names, motives or significant parts of the work must be expressly reserved. , being necessary a specific assignment for this type of exploitation modality.

Apart from the reproductions of visual creations for the preparation of merchandising products, the following reproduction modalities that concern them should also be highlighted, and that specifically must be formalized through the appropriate contract of transfer of rights:

– Posters, plates and exhibition posters.

– Postcards, greeting cards or invitation cards.

– Non-advertising brochures, bookstore catalogs or any other product distributed by professionals, as well as internal company newsletters.

– Covers of phonographic material and videocassettes.

– Philately and numismatic products such as postage stamps, lottery tickets, legal tender coins, commemorative coins, legal tender bills and medals and the like.

In these cases, a specific contract for their assignment must be signed with the person or entity that wishes to obtain the reproduction rights over the work, specifying the conditions of said reproduction.

USE OF THE WEBSITE

All users will be able to access the website in order to review information about MARTA LANUZA- Mempathie. And our products. Access to the website is subject to these Terms. Users who do not comply with these Terms are not authorized to access the website.

The website is intended for the exclusive use of commercial customers of MARTA LANUZA- Mempathie.

REGISTRY PATTERNSHOP

To register in the private store, you must first ask me for the link of the Patternshop that is hidden. To be eligible to purchase prints from the website, users must be accepted by MARTA LANUZA- Mempathie. as a member. To apply for membership, users must provide their information (name and surname, name and billing address of the limited company, company or unincorporated company for which they act, email address and contact telephone number, website of the company, job title and a password of your choice) and confirm your acceptance of these Terms in accordance with the instructions on the Website.

When a user is not invited to become a Member, acceptance of their request to become a Member is at the discretion of the Site Administrator.

All users are responsible for ensuring that their personal information sent to MARTA LANUZA- Mempathie. Be complete and accurate. MARTA LANUZA- Mempathie will not be responsible for any loss or damage suffered as a result of errors in the information provided. All personal data (as defined in the Data Protection Act of 1988) collected from Users will be treated in accordance with our Privacy Policy on the website.

Upon verification of their personal data (users who are invited to be members) and acceptance of their request (uninvited users), members will receive a welcome email from MARTA LANUZA- Mempathie with the details of your login. You do not consider yourself a member until you receive a confirmation email from us.

MEMBERSHIP SECTION

Membership is personal to the Member, or in the event that the Member is an individual of the limited company, unincorporated company or company of which they act on behalf. All rights associated with membership, including the right to login and member benefits, are not transferable without the prior written consent of MARTA LANUZA- Mempathie.

The Member agrees to indemnify and disclaim MARTA LANUZA- Mempathie for any loss, damage, cost or expense incurred as a result of the unauthorized transfer of your membership to a third party. The member guarantees that he is authorized to act on behalf of the company, company or unincorporated company named in the account information submitted to MARTA LANUZA- Mempathie (through the website or otherwise) for registration purposes as a member.

USE OF LOGIN AND WEB SITE

You guarantee and agree not to do, try or allow others to do the following:

  • modify, translate, create derivative copies or copy any aspect of the website, including html code, cgi scripts, images and other graphic content, except as allowed in these Terms;
  • submit, upload, publish or otherwise introduce (or attempt) any material on the Site that is defamatory, obscene, threatening, abusive or that violates any copyright, trademark, design rights, patents, database rights or other property rights, whether not registered or registered in any part of the world («Intellectual property rights») of any third party;
  • reverse engineer, decompile, disassemble or alter any material on the website;
  • distribute, sublicense, assign, share, share, sell, rent, lease, grant a security interest or otherwise grant any right or pretend to grant any right on the website or any part thereof to a third party;
  • direct or distribute unsolicited emails (SPAM) to, from or through the website;
  • interfere with or attempt to interfere with the operation of the website or its components in any way, including overloading, flooding, mailing, bombarding, blocking or hacking all or part of the site content or deleting or changing the site content;
  • use the website for any illegal purpose, including the use of your login assigned to you in the registry for illegal purposes, including, but not limited to, fraudulent purposes; o

use the website in any way that is not expressly authorized or provided by MARTA LANUZA- Mempathie or in a way that MARTA LANUZA- Mempathie in disrepute.

MARTA LANUZA- Mempathie reserves the right to cancel your login and terminate access to the Members section of the website without notice if:

  • A member violates these terms and conditions, including but not limited to warranties related to the use of the website;
  • We suspect that your login is or has been used dishonestly, illegally or otherwise improperly or in breach of these terms and conditions.
  • We do not receive payment for the products ordered with your login.

SHIPPING CONDITIONS PERSONALIZED ILLUSTRATED PORTRAITS

SHIPPING TYPES

Due to the value of the content to be sent, it will be mandatory if it is necessary to send it, to contract a certified delivery.

  • Shipping by Certified Mail (3-10 business days in Spain. Increase of time abroad according to area)
  • Express delivery certified by Correos (24 / 48h in Spain. Increase of time abroad according to area)
  • Hand delivery. Available for Andorra (Teruel) and Barcelona city. It is necessary to consult for this type of delivery.

PRINTING DIGITAL PORTRAITS

If you also need to print the work, you must take into account the price increase over the total price of carrying out the work. This service has a cost of € 35 and includes the final printing, printing tests, travel and time invested in carrying out this action. Works with a size larger than A3 will have a higher price depending on the printing price, since larger format prints have a much higher cost. Price to be confirmed once the size and printing paper have been determined.

PROCESS

Once the work has been completed and payment has been received, it will be delivered. If the delivery is by hand, the date and time of delivery will be determined between both parties, according to availability. If shipping is necessary, it will be shipped by Post Office, which will take the stipulated time according to the rate you have chosen. Everything is managed manually by the artist, so times may vary. I am afraid that I cannot confirm an arrival date for each package, as it depends on the postal service. Please bear in mind that once it is in the hands of the courier, the store no longer has control over the package. Claims must be made to the chosen delivery company.

PACKAGING

The original artworks that are delivered by hand, are protected with vegetable paper inside and outside with tissue paper. Those that must be sent by mail, will be protected in addition to the above, with cardboard to protect. If it is a large work, it will be sent rolled up in a cardboard tube, so you will have to unroll it and put weighted books on it so that it returns to its original shape, before removing the tissue paper that protects the work; important.

RETURNS

In the case of original works such as personalized illustrated portraits, it will not be possible to return them, since it is an unpublished work and exclusively created for the specific person, so there is no possibility of a new sale that covers the expenses that have involved perform the work.

DAMAGES AND LOSSES

MARTA LANUZA- Mempathie is not responsible for items damaged or lost during shipping.

For any question or type of problem, please contact me directly at the following address: marta@mempathie.com

SHIPPING CONDITIONS SHOP

SHIPPING TYPES

  • Post standard shipping. No tracking number (5-30 business days)
  • Shipping by Certified Mail (5-30 business days)

PROCESS

Once the order has been placed and the payment has been accepted and received, it will be sent by Post, which will take the time stipulated according to the rate you have chosen. Everything is managed manually by the artist, so times may vary. I am afraid that I cannot confirm an arrival date for each package, as it depends on the postal service. Please bear in mind that once it is in the hands of the courier, the store no longer has control over the package. Claims must be made to the chosen delivery company.

PACKAGING

All scarves are perfectly packed and protected in their case. They have been packed and checked one by one, so you can be sure they are in perfect condition.

The prints are shipped protected with tissue paper and cardboard. Plastic-free shipments.

The original artworks that are delivered by hand, are protected with vegetable paper inside and outside with tissue paper. Those that must be sent by mail, will be protected in addition to the above, with cardboard to protect. If it is a large work, it will be sent rolled up in a cardboard tube, so you will have to unroll it and put weighted books on it so that it returns to its original shape, before removing the tissue paper that protects the work; important.

RETURNS

I hope it never happens, but if you change your mind and don’t like your purchase, please notify me within 3 days of receiving the package, which must be in perfect condition. You will bear the shipping costs, you will be reimbursed the total price less the shipping cost once received again and verified, that the product is in perfect condition.

DAMAGES AND LOSSES

Please note that the items to be returned must be unused and in their original condition and package. Furthermore, it is not responsible for items damaged or lost during shipping.

For any question or type of problem, please contact me directly at the following address: marta@mempathie.com